State v. Deitchler

Dustin Deitchler appeals his conviction for second degree burglary. We reverse.

The Port Orchard police station has a large plywood cabinet along one wall. The cabinet is divided into evidence lockers of various sizes. The locker pertinent here was locked at material times. It was 10 inches high, 10 inches wide, and perhaps 2 feet deep. It had a slot in the front so that property could be inserted, but not removed, while the locker was locked. Measuring 6 inches horizontally by 1 inch vertically, the slot was big enough to accommodate adult fingers, but not big enough to accommodate an adult…